False Claims Act Penalties

False Claims Act Penalties

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When discussing the United States judicial system and the various laws, civil penalties, liability, justice, codes, and regulations set forth by the federal government, you tend to get opposing viewpoints on a number of issues that these topics invoke. While some people wholeheartedly agree with certain rules and penalties for making a fraudulent claim, others may argue that these federal law rules don’t make sense or the punishments are too harsh. These discussions can snowball into much larger issues when more and more people get involved and can even boil over to the point of mass protests and civil unrest both in and out of court.

Though these situations are somewhat few and far between, they are nonetheless an important and viable way to get unfair laws and regulations changed. No government is perfect and it’s up to individuals to come together as citizens to voice displeasure in certain government actions. One such issue that has been gaining momentum and seeing an observable increase in the number of people taking notice is the False Claims Act.

While this topic may be unfamiliar to some, it’s definitely in your best interest to learn about and understand the various nuances associated with this act. I say this because there has been an uproar of displeasure with some of the changes made to the False Claims Act, more specifically the penalties levied against those who are in violation of it.

This article will help guide you through these important issues as it will explain a little about the history of penalties associated with the Federal False Claims Act, how it will affect those intent to defraud and, more importantly, what is happening currently that has people protesting both in support, and disapproval of the changes being made. Not only will this information help you form an educated opinion on the topic, but it could also help protect you, or someone you know from being unfairly punished with what many believe are overly excessive penalties.

The Federal False Claims Act was enacted by President Abraham Lincoln in 1863 in response to claims of fraud and corruption by businesses supplying the Union army with weapons, and other such items during the Civil War. Needing help from its citizens, the United States government passed the act, which allowed people to sue those actively defrauding the government. The government would then share the monetary damages awarded with the person who initiated the investigation and punish those responsible.

The initial Federal False Claims Act penalty was that the guilty party had to pay double what the damages were found to be, as well as a $2000 fine for each false claim submitted against them. The money received was then split equally between the government and the person who filed the suit with each party receiving half of the money awarded.

In 1943, the United States government altered the Federal False Claims Act by reducing the amount of reward money given to whistleblowers. They also added a clause which allowed them to eliminate suits filed by people based on evidence that was already in the government’s possession even if they weren’t currently investigating the issue. These changes severely reduced the number of people willing to cooperate with the government as the incentives to do so were simply not worth the trouble.

Similar to the initial causes for enacting the Federal False Claims Act, in the late 1980s during the height of the Cold War, inaccuracies in defense contracting spending, along with multiple claims of billing fraud, led Congress to make another round of changes to the False Claims Act. Since the incentives to file a suit on the government’s behalf was not enough to persuade people with the information needed to prove the defense contracting fraud claims were true to come forward, the government was pretty much forced to make changes.

They did and amended the act giving 15% to 30% of the monetary damages to people whose cases were successful and also gave them protection from workplace retaliation. Another significant change that was enacted during this time was that monetary penalties for those guilty of defrauding the government are now to be held responsible for treble damages and payments for each claim in the amount of anywhere between $5,000 and $10,000. For those who are unaware of what treble damages refers to, it basically means that the government can triple the amount of damages being awarded to the plaintiffs if the case meets certain criteria. These include—but aren’t limited to—if the guilty party displayed willful intent in their violations and certain anti-trust and racketeering cases.

The addition of treble damages is a key reason why some people believe the government may be over-penalizing people and business who are subjected to them. To make matters worse a new round of changes in 2016 saw the False Claims Act penalties rise once again. These were not small changes as the payments for each claim was doubled from a $5,000 minimum payment to almost $11,000 and the max amount from $10,000 to $20,000.

The doubling of payments seems a bit much, but what is most concerning to people is that the treble damages clause gives the government the ability to significantly increase the amount of money it receives from those found guilty to the point of being overly excessive. In fact, there have been recent instances of judges ruling that the fines imposed on people guilty of defrauding the government were so astronomical that they were deemed unconstitutional. It’s rather alarming that the government would use the False Claims Act penalties to seek monetary amounts that are vastly disproportionate to the actual damages caused.

Of course, there are always going to be those in favor of harsh penalties for every person who breaks the law and also those who believe these excessive punishments are unjustifiable. There are certainly convincing arguments for both sides and currently, the debate has garnered the attention of many concerned citizens. Hopefully, this article provided you with enough information to become involved in the debate and further investigate the subject. It’s important to take an active stance on topics like this because it raises important questions regarding government abuse of power and much more.

Oil and Gas Injury Lawyer

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

A personal injury sustained by men and women in the workplace is not uncommon. And, although most cases are not serious enough to require litigation, there are certain instances where judicial review is necessary.

These types of cases present a number of legal hurdles to maneuver, however—especially when the accident results in serious injury or wrongful death.

Large companies, especially oil and gas companies, tend to have teams of lawyers, a dedicated law firm, or even personal injury attorneys on retainer and an endless amount of money to fight court cases for expanded amounts of time.

The sad truth is that these obstacles are often seen as so impossible to overcome that some people who have suffered a serious workplace injury such as a burn injury due to a gas explosion or related oil field accident simply don’t bother taking their case to court because they believe they won’t win. Taking this route of inaction will undoubtedly cause a person to think about whether or not they made the right choice and these thoughts can often lead to feelings of regret.

Not Taking Legal Action

For those who want to avoid the unhappy thoughts brought forward by the regret of not having pursued legal action against their employers when a workplace injury has occurred and ended up with astronomical medical bills to deal with catastrophic injuries, it’s important to know which types of accidents and personal injury commonly result in workers’ compensation being awarded. This may not be necessary for some occupations, but for the more dangerous and risky jobs, the more you know about the types of injuries incurred can not only help you to avoid them but also give you a foundation to fight for compensation if they happen.

This article will explain some of the more frequent types of accidents of one such dangerous occupational field, which has seen a relatively steep rise in workplace injuries over the past several years, the oil and gas industry. Knowing this information will not only help you to understand the causes of many types of oil and gas related injuries but also give you enough facts to seek out experienced oil and gas injury lawyers or personal injury lawyers who will fight for you.

If you’re wondering how knowledge of the causes of oil and natural gas-related injuries will help you in a court of law, the answer is that it’s simply a matter of seeking out who or what was responsible for the accident and whether or not it could have been avoided by some sort of intervention by the employing company. Sorting this out can become rather convoluted depending on the circumstances, but if you have been involved in an any of the types of accidents explained in this article, or work in the oil and gas industry, it’s definitely in your best interest to know as much as you can.

Heavy Equipment, Serious Injuries

One of the more numerous causes of workplace accidents oil and gas injury lawyers fight for is when there is a heavy equipment failure resulting in a person getting hurt.

These cases are often taken to court because the matter of who or what is responsible is not always clear. Equipment can fail for any number of reasons, but it’s the company’s responsibility to ensure that this equipment is safe to operate by ensuring that adequate maintenance is given to the machine and also that those using it receive appropriate safety and operational training.

A good oil and gas injury lawyer will help you in these types of cases by providing proof of responsibility that either the company or the machine’s manufacturer was at fault. Whether it was because of the reasons mentioned above or by another less common cause, an oil and gas lawyer will know the various nuances surrounding these cases and will help prove you were not at fault.

You can’t talk about oil and gas workplace injuries without mentioning the rather high risk of fires, explosions, and well blowouts this job creates. Due to the fact that most—if not all—equipment used in the oil and gas industry is run on highly combustible fuels, fires and explosions are bound to occur.

Seeking out who is responsible when a fire or explosion causes significant injury is again not always obvious, but a good oil and gas injury lawyer will have the expertise to deduct responsibility from your case information and help prove what they found in court.

The same can be said when the drilling process causes the uncontrolled release of oil and gas during a well blowout. When this happens, the company is typically at fault, but even when the responsible party is fairly obvious these cases can take years to be resolved. Having a good oil and gas injury lawyer can usually help speed up the process and get you the compensation you deserve.

Fracking for Oil

The rise of hydraulic fracking in many countries has brought with it many dangerous and risky situations that have resulted in injury over the past several years.

Fracking for oil and gas involves drilling a deep hole in the earth where oil and gas reside in the cracks of rocks and then attempting to extract it by injecting water or other fluids into the cracks to bring the fuel to the surface This process is risky and dangerous because of the pressure involved in both the drilling and extraction process. Spills of toxic materials and explosions can occur and injuries are usually the result.

The final injury type to discuss is that of the many slips, trips and falls oil and gas workers suffer every year. These are some of the more frequent types of cases that go to court because deeming who was responsible can be contentious.

The reason for this is that many workers in this industry just accept that the slip, fall, or trip resulting in injury was their own fault for some reason or another. Though this can be true in some cases, there are many instances where unsafe environments, wobbly walkways, or fatigue from working long hours are the primary cause of a slip, trip, or fall injury.

Explaining the circumstances behind your accident of this nature to an oil and gas injury lawyer could prove someone other than yourself was at fault and help you get the compensation you deserve.

Final Thoughts

There are obviously many other types of oil- and gas-related workplace injury cases but no matter what the cause is, it’s still in your best interest to at the very least explain the circumstances to a lawyer. From there, they can determine whether or not your injury case was preventable or the fault of someone other than yourself.

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Oil Field Injury Lawyers and What You Should Know

Motorcycle Accidents

Motorcycle Accidents: Risks, Causes, and Liability

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Motorcycle accidents are very different from car accidents in a lot of ways which often leads to very different outcomes. There are a lot of things about riding a motorcycle that are very different from driving a motor vehicle which makes the level of injury sustained by a motorcyclist much more severe. Head-on collisions could result in serious injury such as a traumatic brain injury and, without appropriate compensation, medical bills for the accident victims could spiral.

Let’s take a closer look at what makes riding a motorcycle so risky, how liability is determined in the event of a crash, and what are some of the most dangerous situations for motorcyclists. Remember, motorcycle accidents aren’t necessarily more common than car accidents but they are more likely to result in serious injury or death.

What Are the Risks of Riding a Motorcycle?

As all insurance companies will tell you, it goes without saying that there are a lot of differences between driving a car and riding a motorcycle. One of the most obvious things is that motorcycles are smaller and lighter than cars and motorcycle riders are completely exposed. This makes any substantial motorcycle crash much more likely to end in death or sustain serious injuries than car accidents and emphasizes why it’s so important for motorcyclists to wear the proper protective gear.

Here are some of the risks of riding a motorcycle that you might not have considered:

  • Motorcycles are less visible to cars. Because they’re smaller, they’re easily hidden behind other cars, signs, or buildings on the side of the road. This is especially true for intersections.
  • Road hazards are more dangerous. A pothole, uneven surface, gravel, or wet road may not affect a car much at all but these things can be very dangerous or even deadly for a motorcycle.
  • They’re not as stable as cars. It’s simple science. Because they have two wheels instead of four, motorcycles are more likely to have trouble when braking or trying to avoid an accident.
  • They’re easier to abuse. Lightweight, powerful motorcycles accelerate quickly and can achieve very high-top speeds. Most motorcyclists are responsible motorists who have obtained a special license to be able to ride but there are some who will abuse the speed and power of the bike.

How Is Liability Determined?

How Is Liability Determined

In most accidents, liability is determined by figuring out who behaved negligently or in a careless manner that led to someone else getting injured. Everyone on the road is expected to act reasonably carefully. If someone doesn’t and causes an accident, that person is usually found to be the one at fault.

In motorcycle accidents, it’s common for the other driver to be found negligent for simple things like not checking that the roadway was clear before making a left-hand turn or speeding through a red light. Remember, motorcycles aren’t as easy to see as cars so they’re much easier to miss if you’re not looking carefully.

Of course, motorcyclists don’t always drive responsibly, either, which is why the law requires the injured party to prove negligence.

An injured person has to show that the defendant or driver at fault was not being careful and driving like a reasonable person, that injuries or losses resulted from the accident, and that the defendant caused the injuries.

It’s also possible that both parties are at fault and the motorcyclist was not driving in a careful, reasonable manner. For example, the driver of the car may not have seen the motorcyclist because they were driving too fast or weaving in and out of traffic. In that case, the motorcyclist may get a reduced settlement or no settlement at all depending on the specifics of the situation.

What Are the Most Common Causes of Motorcycle Accidents?

There are some common situations that motorcyclists face that put them at higher risk of being involved in an accident.

While a lot of drivers might think motorcyclists are more often at fault, most motorcycle accidents result from a car striking a motorcycle. The most dangerous situation of all is when a car is making a left-hand turn and the motorcycle is either crossing the intersection, passing the car, or attempting to overtake the car. In this situation, the person making the left-hand turn is usually found at fault unless the motorcycle was speeding or otherwise behaving irresponsibly. This is a common accident scenario for two cars as well but, again, there’s a much high chance of death or serious injury if a motorcycle is the one that’s hit.

Lane splitting is another situation that can cause problems. This is when a motorcycle drives between the center of two lanes of cars that are stopped or moving slowly and is actually illegal in some states. This behavior can cause problems, even when done legally, because of how close together the motorcycle is to so many cars, the small space that the motorcycle has to move around in, and that cars just aren’t expecting a motorcycle to zip past them in that kind of traffic situation.

If lane splitting is illegal in the state where the accident occurred, the motorcyclist will be found at fault for the accident because they were the party acting carelessly and breaking the law.

On the other hand, if lane splitting is legal, determining who’s at fault in a situation like this can be a little hairier.

Of course, there are motorcycle accidents that don’t involve any other vehicles. Single motorcycle accidents usually occur when the rider is speeding or impaired. These are some of the same factors that cause single car accidents, too, but because motorcyclists are less protected, there’s a much greater chance of significant injury or death.

Stay Safe, Be Protected

If you ride a motorcycle, here’s the big picture. Regardless of who’s at fault, you’re going to be the one paying for it after an accident. Motorcyclists are much more likely to get injured or even killed in an accident than someone in a car which is why it’s important to always stay safe. Drive responsibly and wear the proper protective gear. You never know what can happen, through no fault of your own.

If you were in a motorcycle accident, you search for a skilled personal injury plaintiff’s attorney here.

Auto Accident Attorney When and How to Use One

Auto Accident Attorney: When and How to Use One

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

If you’ve been involved in a car accident, you might be wondering whether or not you should contact an attorney. In most cases, the answer is yes. Car accidents can have a lot of consequences and it’s important to have an attorney or specialist car accident lawyer on your side to help you navigate them.

What Can a Car Accident Lawyer Do for Me?

After a motor vehicle accident, knowing when it’s necessary to hire a law firm or lawyer can be the determining factor as to whether or not you are found at fault or if you receive everything you’re owed from a legal case resolved in your favor.

If you’re involved in an auto accident with a fatality, serious injury, or a significant amount of damage, it’s even more important to have a lawyer on your side. In fact, you should refrain from signing anything or making any statements until you’ve consulted with an attorney.

It’s true that a lawyer can help reduce paperwork and process insurance claims but, in the right circumstances, they play a vital role in making sure your situation is resolved in the best way possible. Here are some things an auto accident attorney can do for you.

  • An attorney can help you get the monetary compensation you deserve. In addition to compensation for the damage to your vehicle, a lawyer can help you negotiate reimbursement for lost wages and medical expenses. Depending on where you’re located, a lawyer may even be able to help you recover if a family member is killed in an accident involving drunk driving, reckless driving, or speeding.
  • Lawyers who have experience with auto accidents know what kind of compensation you deserve. This can be a hard thing to figure out on your own and you could end up leaving a lot of money on the table.
  • An attorney can put pressure on the insurance company to keep the process moving forward. Insurance companies have a reputation for being slow to pay and can be very manipulative in trying to convince you that you’re not covered in the situation. Hiring a lawyer is one of the most effective ways to get them to pay up.
  • Well-trained auto accident attorneys have a vast wealth of knowledge that covers a lot of different areas. A good law firm will be able to handle cases involving wrongful death, property destruction, personal injury, and any liabilities. They should be knowledgeable about both state and federal transportation laws and be able to effectively reign in car insurance and health care companies.

When Do I Need an Auto Accident Attorney?

When Do I Need an Auto Accident Attorney

You should consider getting an attorney on board as soon as possible to avoid making any costly mistakes like signing an inaccurate statement, refusing medical care, or trusting an insurance company to do the right thing. If you don’t think you can afford a lawyer, remember that a lot of them will work on a “no upfront fee” basis and will only collect payment if you end up winning your case.

There are deadlines for filing for personal injuries vary from state to state and, if you miss them, you won’t be able to collect everything you deserve. If you need help covering medical bills and lost wages, a lawyer can help you move the process along as quickly as possible. It’s recommended that you wait no longer than a week to contact an attorney and you should speak to one before making any deals with the insurance company.

It’s also very important to hire an auto accident attorney if you are at fault, especially if there were other circumstances involved like poor lighting, unmarked hazards, or anything else that could have contributed to the accident. While there’s no guarantee that you will be found not at fault, there may be other parties that can also be held responsible.

What Should I Ask when Hiring an Attorney?

Before reaching out to an attorney, make sure you have your facts straight about the accident and collect as much evidence and information as possible. This includes any information exchanged at the scene the day of the accident, medical records relating to the accident, and a copy of your insurance policy. The more information you have, the better. Attorneys need to see that you have a case that they can win and the more proof you have, the better.

It’s important to make sure you hire the best law firm or insurance adjuster for your case and the resulting settlement. Here are some questions you can ask to make sure it’s a good fit.

  1. How are your fees structured if I win?
  2. Do you have experience with this type of auto accident case?
  3. Do you have experience with this type of injury that may cause pain and suffering?
  4. How much of my case will you personally be responsible for?
  5. Does your practice work strictly with motor vehicle accidents?
  6. Are there any up-front costs before the claim is made?

No-Win No-Fee Basis

A lot of auto accidents are carried out on a no-win no-fee basis which means that you don’t have to pay the attorney is they don’t win your case and can’t make a claim. If they do win, they get a percentage of the award or settlement.

This is a great way to get the money you deserve but this does usually mean that an attorney will only take on a case they’re relatively sure they can win. That’s why it’s so important to provide as much evidence and documentation as you can when meeting with an attorney for the first time.

Each lawyer sets their own rate and the average is between 30 and 40 percent and is usually limited by state law. Keep in mind that fees are different from costs which you’ll most likely also be responsible for covering, which is why you should ask about them up front.

Most attorneys offer a free consultation for your claim so you can get some idea of what, if any, remuneration you can expect. This gives you a better idea of how strong your case is and can help you make difficult decisions in the future.

You can get an idea of how much your case may be worth with this online case evaluation form offered by the Lawsuit Info Center.

If you need additional assistance finding a personal injury lawyer who specializes in your type of case, you can chat online with a Laws101.com attorney who can assist you and provide you with legal guidance.

 

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What You Need to Know about Texas Boating Laws

What You Need to Know about Texas Boating Laws

Legal AssistantMaritime Law, Personal Injury Law Leave a Comment

The beauty of the Atlantic Ocean can’t be compared to any other sea or ocean. The breeze in your face and the salt in the air is tempting whether you’re sailing or just following the magnificent waves. Before you take off in your boat, however, you should know the laws of the sea.

Texas, just like any state bordering an ocean, abides by maritime law but they also have their own state boating laws. To stay out of trouble and to keep yourself safe, you’re going to want to study the specific laws Texas has set for boating off their coast.

So, we’re going to learn all about the main Texas boating laws in this article so we can be ready before we hit the high seas.

Boating Laws in the State of Texas

Every state has its own laws for what happens when underway and on your boat or most other types of water vessels. Texas has laws of their own, outside of maritime federal law.

Boat Registration and Titles

You’re required to register almost all water vessels with the Texas Parks and Wildlife Department (TPWD). When you go to register your boat, you need to have the title in hand to show ownership.

Water vessels that are required to be registered include, but aren’t limited to:

  • All motorized boats
  • Any sailboat that’s 14 feet in length
  • Any sailboat with an auxiliary engine
  • Trailers need to be registered through your county tax office

Once your vessel is registered, you receive a registration sticker. This sticker needs to be placed three inches toward the rear of the boat.

The registration number needs to also be painted near the bow of the boat. The painted numbers have to be at least three inches in height and readable.

Operator Restrictions

In order to operate a boat in Texas waters, you must be 14 or older and, in some cases, you’re required to take the proper safety education classes for a boater identification card.

The vessels include:

  • Powerboat powered by a motor of 15HP or more
  • A personal watercraft (PWC) or any watercraft you sit on instead of in
  • Windblown vessels such as a sailboat that’s over 14 feet in length

For anyone who’s 13 years old or under, you can only operate one of these vessels if you’re accompanied by someone 18 or older on the boat.

  • The adult supervising a minor must have passed all safety education classes.
  • The minor must have also passed safety education classes before operating any of the above water vessels.

Boater Safety Education Courses

Boater Safety Education Courses

Boater Education courses are required for anyone aged 16 or younger who plans on operating a water vessel.  There are several informed websites that offer you studying assistance and are legally TPWD approved to take you through the 6-hour safety course.

This safety course will cover several subjects including:

  • Boats, boat uses, and the mechanics of boats
  • Boating safety to prevent accidents or misfortunes
  • Operating a boat
  • State laws for Texas which includes the Texas Water Safety Act and Boating While Intoxicated laws (BWI)
  • Department approved methods for cleaning a boat, boat motor, or boat trailers

Once you complete the TPWD safety course, you have to take an exam that goes over everything you learned.

You will then receive your boater identification card, which is a lot like your driver’s license. This ID won’t have an expiration date to renew it.

Personal Flotation Devices

Personal flotation devices (PFDs) are required on every water vessel. There must be one life jacket or life vest for every person that’s on board the boat or water vessel.

You never know when a PFD comes in handy. They can save your life if something unexpected happens.

These PFDs are required to be:

  • Approved by the coast guard
  • In perfect condition and not worn down or have any holes
  • Easy accessibility in case you need to use one
  • Fits perfectly

Any child who’s aged 12 and under that’s on a water vessel that’s under 26 feet in length is required to wear a PFD when the boat is underway or not parked.

Boating Under the Influence or Boating While Intoxicated

It’s illegal to operate any boat under the influence of alcohol or drugs by federal or state law.

To be considered intoxicated with alcohol, you need to have a blood alcohol content (BAC) of .08 or higher.

There are severe consequences if you’re found guilty of a BWI charge and it’s considered a Class B misdemeanor offense.

The usual consequences of boating under the influence can include:

  1. 1st Offense: You can receive a hefty fine of up to $2,000 as well as spend up to 72 hours in jail.
  2. 2nd Offense: You can receive a hefty fine of up to $4,000 plus up to a year in jail.
  3. 3rd Offense: You can receive a hefty fine of up to $10,000 and 2–10 years in prison.

If you refuse to take a BAC test for authority, you will have your driver’s license suspended for up to 180 days. That’s just for your 1st offense.

There are no fine or any legal consequences for an open container on your boat. However, an open container on a boat can lead to suspicion of the boat operator being under the influence of alcohol.

Boating Accidents

Boat accidents happen more than you’d think and the consequences can be serious. Any boating accident must be reported to the TPWD within 30 days if:

  • There was a death as the result of the accident within the 1st 48 hours
  • There was an injury that required professional medical treatment
  • There was damage due to the accident that costs $2,000 or more

Conclusion

These are only a few of Texas’ basic state laws that involve water vessels.  These are laws you should know and abide by before you head out to sea. You can find the entire Texas Water Safety Act here.

If you are involved in a boating accident, maritime laws are far more complicated than laws that govern accidents on land.  Liability limits are far higher which means that you should immediately seek the assistance of a skilled and experienced boat accident lawyer.

You can find a list of Texas lawyers who specialize in boat accidents in our Texas maritime lawyer directory.

What You Can Do if You’re Involved with an Oil Rig Accident

What You Can Do if You’re Involved with an Oil Rig Accident

Legal AssistantPersonal Injury Law Leave a Comment

Oil rig accidents are scary and very dangerous. They involve deep water and heavy equipment which can lead to very serious injuries to workers and, in the worst-case scenario, they can even cause the death of your loved one.

Accidents on an offshore oil rig or drilling rig accident often cause injury, from small injuries to serious long-term, debilitating injuries or even fatal injuries in the worst cases for crew members and compensation is required to pay for any medical bills.

These accidents are usually due to a tired coworker or negligence of the company you’re working for. When the oil hits the fan, the company you work might turn its back on you instead of giving the support and compensation you deserve in these trying times.

But the right lawyer will help you fight for everything you’re owed and everything you and your loved ones deserve.

This article will go over the basics of oil rig accidents and how lawyers can help you during this frightening time in your life.

Oil Rig Accidents and Everything You Should Know When They Happen

Working on an oil rig or on an oil platform is one of the most dangerous jobs, alongside gas drilling jobs. It takes guts and courage to work on oil and gas rigs, which is why you deserve to be safe and protected should a mishap occur.

The Most Common Causes of Oil Rig Accidents

Oil rig accidents can vary greatly. There are several ways that working on an oil rig can go wrong but there are a few main major causes of oil rig accidents that are due to negligence from a coworker or the company you work for.

These causes include:

  • Slips and falls due to negligence by a coworker or the company
  • Heavy machinery crushing a person or body parts due to the negligence of a co-worker or the manufacturer
  • Equipment failure due to not being maintained by your employer or a manufacturer error
  • Fire from a gas leak due to negligence by a co-worker or your employer
  • Chemical spills due to a lack of maintenance by coworkers or your employer
  • Inhaling toxic fumes due to a lack of maintenance by your employer

These oil rig accidents can cause countless short-term injuries to long-term injuries and illnesses such as:

  • Fractured, sprained, and broken bones
  • Torn ligaments and torn tendons
  • Spinal cord and other serious back injuries
  • Amputated limbs including fingers and toes
  • Drowning
  • Chemical and fire burns
  • Head injuries and concussion
  • Cancer from constant chemical exposure
  • Wrongful death

Who Should be Liable for Your Oil Rig Injury?

Who Should be Liable for Your Oil Rig Injury

Unfortunately, most oil rig accidents are caused by a lack of maintenance from the employer or the platform owner.

They’re also often caused by a co-worker’s negligence from being distracted, working long hours, or not following safety protocols that are in place to protect them and you.

Sometimes, the manufacturer of a piece of equipment may be at fault too for faulty designs or mistakes in the machinery.

Rarely is an oil rig accident the fault of the person who was injured or the worker who has died.

It will be up to you and your lawyer to investigate your injury and the cause of it. Just like with any other injury case, evidence will be gathered and you should be taking statements from any witnesses that can verify your story.

The employer you work for will also be doing their own investigation into the accident so they can protect themselves.

Every injury or accident is different and should be treated as such by the right attorney or lawyer. The lawyer you hire should have experience and knowledge in all maritime laws, workers’ comp laws, and injury claims and laws.

Acts and Protections for Oil Rig Employees That Are Injured

There are a few legal maritime laws and other legal protections that can assist an oil rig worker in an injury claim against their employer. They were created for workers just like you.

Normal workers’ comp will compensate workers for injuries that aren’t due to negligence. It also prevents the employer from being sued by you, the employee, and it doesn’t always cover all your medical bills and lost wages. Not to mention, the suffering you’re going through.

Your employer’s workers’ comp insurance company gets to decide how much you deserve which isn’t always what you really deserve from your employer after an accident or wrongful death.

In most cases, they try to pay you as less as they can get away with.

The right lawyer will have extensive knowledge of these protections and acts:

  • The Jones Act: The Jones Act is federal legislation that helps US workers who work on a water vessel out at sea. It protects a wide range of workers, from trade ship crews and sometimes even oil rig workers. This act gives sea workers a way to make a negligence claim against their employer since basic workers’ comp isn’t always available to them.
  • The Longshore and Harbor Workers of the High Sea Act: This specific act is federal legislation that also helps U.S. workers that work at sea. It’s a type of workers’ comp for sea workers. It includes help for workers who work on docks or loading and unloading ships and other water vessels.
  • Outer Continental Shelf Lands Act: The OCSL Act is another type of workers’ comp for U.S. workers that work in the ocean. This act helps U.S. workers who are outside of U.S. states working but working in the outer continental shelf designated lands.

Conclusion

This may be a hard time in your life but getting the money and support you deserve shouldn’t be difficult. You shouldn’t have to fight your employer and anyone else at fault. You’ve worked hard so let a tough lawyer work just as hard for you.

Fatal Car Accidents Wrongful Death & Moving Forward

Fatal Car Accidents: Wrongful Death & Moving Forward

Legal AssistantPersonal Injury Law Leave a Comment

We all understand the importance of safety while driving a motor vehicle. However, it is inevitable that there will be traffic collisions from time to time, especially at night of heavy road traffic. If someone you love has been the victim of a fatal car crash, it can be hard to figure out what to do next. Not only do you have to suffer the loss of an important person in your life, but there are also a lot of legal questions that will come up. Knowing what to do after a crash like this is important. It’s the best way to make sure that everyone is given what they need to move on after the accident.

What Is a Wrongful Death Lawsuit?

One way to pursue damages after the death of a loved one in a traffic accident is to file a wrongful death suit. The suit is usually filed on behalf of the estate which must prove that the accused party was at fault for the accident that leads to the death.

Who has a right to file a wrongful death suit varies from state to state. Most states allow spouses and parents who have lost a young child to see damages and they can also be sought on behalf of the young children who have lost a parent.

Some states don’t allow adult children or their parents can sue. The rights of extended relatives are often limited, too, including cousins and grandparents.

There are a few different types of damage you can claim against in a wrongful death suit and it all hinges on the deceased’s role and what their absence means. It’s always difficult to lose a family member but when it’s the head of the household who supports a family with young children, the financial impact will be huge for the surviving family members and, in some cases, insurmountable.

Some of the things you can seek damages for in a wrongful death suit are pre-death pain and suffering, medical costs that resulted from the sustained injury, funeral and burial costs, loss of the deceased’s future income, value of services that the deceased would have provided, loss of care and nurturing the deceased would have provided, and loss of love and companionship.

What’s the First Step?

What’s the First Step

Immediately following the accident, it’s likely the victim will be receiving emergency medical care. Obviously, family members will be concerned and should be there for the victim but this is also a vital time to check the scene of the accident to gather as much evidence as possible. It’s also a good time to consider calling a lawyer.

[Related article: What to do after a Car Accident]

The truth is that no matter what caused the accident in the first place or what additional damage was done when a person dies after a car crash or sustains serious injuries, the crash itself is usually the direct cause. That means there’s a pretty good chance that someone is directly responsible for the death.

That said, there are a lot of factors at play in an accident involving a vehicle. For example, investigations into whether or not the death could have been prevented are likely to occur including whether or not any of the blame lies on the victim. Investigations will analyze the accident from all sides, determining whether everyone involved was obeying traffic laws and exercising good driving habits.

Every case is different and the process can be long and tedious. If any criminal activity is found, it is a separate matter to a wrongful death case. For example, the defendant may be charged with vehicular manslaughter or involuntary manslaughter but these charges or the person’s guilt (or innocence) have nothing to do with a wrongful death suit and a civil trial. In fact, someone can be found innocent in a criminal trial and still be found guilty of wrongful death.

What Are the Main Causes of Car Accidents?

Sadly, motor vehicle fatalities and other car accidents are more common than you might think and there are a few frequent causes that often lead to a fatality.  Texting while driving, driving under the influence of drugs or alcohol, reckless driving, bad weather, driver fatigue, road defects, car manufacturing defects, new drivers, and elderly drivers are the most common causes.

As you can see, these causes vary quite a bit. At times, there person at fault for the accident may have been careless in drinking or speeding but other times it comes down to weather and bad road conditions. That’s important because a key factor to a wrongful death suit is negligence.

When it comes to negligence, sometimes it’s easy to prove. For example, a drunk driver stopped on the highway will likely take a breathalyzer test at the scene which provides proof to substantiate the claim while driving a vehicle. The same can be said about smoking marijuana or taking other drugs. However, other things are not so easy to prove—whether the driver was playing with the radio, texting, talking on their cell phone, or rooting around in the glove box.

Sometimes, the other driver may not be at fault but may still be subject to a wrongful death claim. It can be that case that the mechanic that recently repaired their car didn’t do the job right or the manufacturer is to blame for bad brakes, tires, steering, or acceleration.

As you can see, negligence is not always easy to determine.

Be Patient, Be Persistent

Each case is different. Some are much more straightforward while others will take a long time to resolve. Remember, there are a lot of questions that need to be answered and the investigation may take awhile.

It’s also important to consider how important the role of an attorney is in a situation like this. Yes, attorneys are an important part of getting what’s owed to you after any car accident but when you’re dealing with the death of a loved one, the stakes are really high. If the deceased person was the breadwinner of the family or played an irreplaceable role caring for young children, coping with day to day living is stressful enough. A wrongful death attorney will handle the details for you so you can focus on recovering and holding everything together.

Fatal car accidents are life-altering and can be difficult to cope with.  A wrongful death suit can help you and your family get the compensation you deserve to help you move on with your life after the loss.

What Every Cruise Ship Traveler Should Know if You’re Involved in an Accident on Board

What Every Cruise Ship Traveler Should Know if You’re Involved in an Accident on Board

Legal AssistantMaritime Law, Personal Injury Law Leave a Comment

If you ever go on a cruise, you want a relaxing and fun experience before you get to your island destination. You don’t want to worry about accidents or injuries. Misfortune should be the last thing on your mind.

Cruise trips are meant to be fun and adventurous for every passenger. The food is fabulous and the events are exciting. The shows are even better. Unfortunately, accidents and injuries do happen.

To head out on your cruise with a relaxed head and ready to get your tan on, you should have cruise insurance and a cruise ship accident lawyer on speed dial.

This article will go over the basics of cruise insurance as well as what you should do if an accident occurs.

Cruise Line Travel Insurance

Cruise line insurance can be your best friend and this type of insurance isn’t just for injuries. It’s recommended to purchase your cruise line insurance through an insurance company rather than through the cruise company.

Most cruise ship operators offer very limited travel insurance that doesn’t cover all the possibilities and mishaps that may affect each and every passenger on the cruise liner as well as any shore excursions away from the sea. They only offer secondary insurance that may only cover the medical bills. Insurance companies can offer you primary insurance with compensation that covers most mishaps and misfortune while aboard a cruise ship, from food poisoning to pain and suffering from fall accidents.

Purchasing an insurance plan before taking off on your cruise can help prevent a dispute between you and the cruise company. It can, in minor cases, help prevent you from having to fork up legal fees if something does happen.

A medical emergency can happen at any time and they usually happen at the worst time. You want to be prepared in case you receive an injury or fall sick. Being treated by the ship’s doctor can get expensive and, unfortunately, most health insurance plans won’t cover the costs.

Plus, a decent cruise insurance plan can also help you in case you need to reschedule your cruise, cancel it, or even if you have stolen luggage. Of course, each policy is different.

Cruise Ship Accidents and Everything You Need to Know

Even if you purchase cruise line travel insurance, major accidents can happen due to negligence by the cruise company. This is when a lawyer with experience in injury and maritime law will be helpful.

Cruise companies have their own lawyers that will fight your injury claim in any way possible. It’s their job to prove that an accident claim was the fault of the victim, instead of the fault of the cruise company.

Falls, Slips, and Trips

Falls, Slips, and Trips

The most common type of accident for a vacationer on a cruise ship is usually a fall, slip, or trip. They can happen on any part of the cruise ship and in most cases, are due to negligence by the cruise company or crew.

The most common falls, slips, and trips are due to:

  • Wet decks and floors due to cleaning that don’t include a warning sign
  • Over-polished floors or recently polished floors without a warning sign
  • No non-skid adhesive strips to prevent slips and falls
  • Uneven decks that aren’t being maintained by the company or crew
  • Poor lighting that makes it hard to see your surroundings clearly
  • Slippery pool decks that aren’t maintained by the company or crew
  • Lack of handrails where they’re needed or improperly placed handrails
  • Shallow steps on a staircase due to not being maintained by the company
  • Wet steps due to a spill that hasn’t been cleaned up by the crew
  • Stairs that aren’t being maintained by the company or crew
  • Tender boats that aren’t being properly maintained by the company or crew
  • Wet gangways that haven’t been dried by the crew
  • Steep gangways that aren’t designed safely

These accidents can cause a mass of physical and health issues including:

  • Fractures, sprains, or broken bones
  • Herniated discs in the back or neck
  • Crushed limbs including your fingers and toes
  • Ligament and tendon tears
  • Brain injuries and concussions
  • Death

Injuries due to cruise ship negligence can change your life. It can lead to endless surgery and chronic pain which is why it’s important to contact a cruise ship accident lawyer should un unfortunate an accident occur.

The Steps You Should Take if You’ve Been Injured on a Cruise Ship

When a serious accident occurs, it can be hard to handle the stress and chaos going on around you. However, it’s important to take the proper steps so you can file an injury claim with your cruise accident lawyer.

You only have six months to take action against the cruise company so the faster, the better.

  1. First and foremost, you should get medical attention, even if your fall seems minor. This will be done by the cruise company’s onboard Once you’re off the ship, you should get a second opinion as well from another doctor to help your case.
  2. Report the accident immediately to the employees and other authorities depending on the type of accident.
  3. Contact a cruise accident lawyer as soon as possible so they know what’s happening and how they can help you.
  4. To protect their behinds, the cruise ship company will do their own investigation of the accident. This is required by maritime laws. This means they’ll take statements from you and any witnesses. Be wary of what you say so you don’t hurt yourself later in court. This includes in any accident forms they have you fill out.
  5. If at all possible, gather evidence for your case because that’s what the cruise company is doing.  Talk to witnesses and get their information. Witnesses can be other travelers or even ship employees. Ask for a copy of the video or CCTV if plausible.

Conclusion

Most cruises go smoothly and make it to their destinations just fine. Unfortunately, every now and then, an accident happens due to negligence by cruise employees or the cruise line itself. It’s important that you fight back and get what you’re owed when you’re hurt or injured.

Everything You Need to Know about Boat Accident Attorneys

Everything You Need to Know about Boat Accident Attorneys

Legal AssistantMaritime Law, Personal Injury Law Leave a Comment

Boating accidents are always super scary and super common in the deep blue. Boating and water-based accidents are actually quite common so there are laws dedicated to boats, the sea, and other forms of waterways.

Some boating accidents can’t be avoided while others are caused by simple incompetence or because someone was unfortunately under the influence of alcohol or drugs.

When an accident at sea occurs, you need more than a personal injury attorney, as you’re going to want the best boat accident attorneys helping you with your maritime case. You’re going to need someone who has specifically studied maritime law (admiralty law) and knows their way around these confusing laws. Your attorney should also have knowledge in your state’s waterway laws.

So, it’s time to go over everything you need to know about boating accident attorneys if you find yourself in an unfortunate situation.

What Is Maritime Law?

Maritime law is merely a specialty law that involves accidents and disputes involving a navigable body of water. Maritime law is considered federal law, meaning the laws cover every state in the US and accident disputes are mostly worked out in federal court.

The beginning of maritime law goes far, far, far back to the Egyptians, the Greeks, and other ancient civilizations.

Boats crossing oceans have been the primary use of transportation for exchanging goods between other countries so they had to come to terms and rules for boats, ships, and their owners.Of course, over the decades, international water laws have been adapted and changed.

Maritime laws aren’t the only laws that govern the oceans. Each state that borders a major ocean has laws of their own you must abide by when it comes to taking your boat out to sea.

When It’s Time for a Boat Accident Lawyer

Now that you know about maritime law, it’s time to learn about boat accidents and the steps you should take if you find yourself in trouble.

The Most Common Boat Accidents Covered by Maritime Law

There are several different types of boat accidents that are covered by maritime or admiralty law, with each demanding you obtain a boat accident lawyer with experience.

The most common types of boat accidents include:

  • Collision between two vessels
  • Collision between a vessel and a fixed object
  • Vessel employee’s injury or death while working in navigable waters
  • Commercial shipping accident that involves cargo damage
  • Flooding of a vessel
  • Maritime labor regulations
  • Criminal activity

Since some states have no age limit to those that can operate a boat nor do some ship operators need a license. It varies from state to state.

This results in complicated boat accident battles between navigators since they’re not required to learn boat safety. Boat safety that could easily prevent collisions between two vessels or other types of boat accidents.

The Most Common Causes of Boat Accidents

The Most Common Causes of Boat Accidents

The most common of the boat accidents we discussed above are caused by a few simple problems that could be avoided.

The most common cause of these annoying and sometimes terrible boat accidents include the following:

  • Negligence or inexperience while operating a vessel
  • Boating under the influence of alcohol or drugs
  • Speeding while operating a vessel
  • Lack of boat maintenance or machinery failure

Statutes of Limitations Involving Maritime Laws

If you want to file a case that involves maritime law, there is are Statutes of Limitations for different types of boat accidents. Statutes of Limitations are the amount of allotted time you have between the incident and filing a legal action for the incident.

The Statutes of Limitations do not include any state laws on reporting an accident or incident.

The most common maritime Statutes of Limitations involving boat accidents:

  • Death on the High Sea Act: This act gives the family of a person involved in a wrongful death three years to file a legal action.
  • The Jones Act: The Jones Act enables an employee involved with the transportation of goods for trade to file a personal injury claim within three years of an incident.
  • Longshore Harbor and Workers’ Compensation Act: When an employee is injured on a vessel working, they have a year to file a legal action to receive workers’ compensation.

What You Should Do When a Boating Accident Occurs

If you’ve been involved in a boat accident and believe you need legal recourse involving the accident, there are steps you should take.

These important steps should include:

  1. First, you need to see a doctor so you can be examined. Even if you think you’re okay, see a medical professional. You’ll want a copy of your medical records (and medical bills) involving the accident and any injuries you may have sustained.
  2. Collect the insurance information from your employer and/or the other vessel owner involved.
  3. Make an official report for your employer or the vessel owner. You should also make an official report to the Coast Guard and your state’s waterway department.
  4. Gather evidence for your case.

Evidence that Helps Make a Boat Accident Case

For a successful boat accident case, you and your law firm or lawyer will need evidence that points to the damage done, whether it’s damage to a water vessel or injuries sustained by a person.

The evidence that you should have to support your case can include:

  • Photos of the damage done
  • Witness statements and the police records from the incident and negligence
  • Medical records of someone’s been injured or has passed away

Boating Under the Influence of Alcohol or Drugs

Boating Under the Influence (BUI) is a maritime law that covers all states in the US. It is illegal to operate a boat under the influence of alcohol or drugs, just like it’s illegal to operate a vehicle on land while intoxicated.

Most states consider a BUI (sometimes referred to as Boating While Intoxicated) when the operator has a blood alcohol concentration (BAC) of .08 or higher.

A boat can be pulled over if it’s believed that the operator is under the influence of alcohol or drugs. If you receive a BUI, you will be in just as much trouble as if you had received a DUI while driving a car.

You can have your boating license suspended or even revoked if you’ve had several BUI offenses. There are also expensive fines you’ll have to pay. In serious cases, you can also receive drug counseling or even jail time.

Conclusion

If you’ve been in a boating accident, you want to take the right steps to protect yourself or receive compensation for damages. This includes hiring an attorney that has knowledge and experience in maritime law so you have the best representation possible.

You can get additional, specific legal guidance on your situation by filling out the boating / maritime accident questionnaire below, or chat online with a Laws 101 maritime law expert.

Auto Accident Settlement

Auto Accident Settlements: 8 Things to Know

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If you’ve been the victim of a car accident and sustained serious injuries that are impacting your quality of life and preventing you from working and paying your bills, medical bills, as well as other out-of-pocket expenses, getting a settlement from the insurance company or insurance adjuster can be your saving grace. That said, the process isn’t as straightforward as it seems.

Here are eight key things to know about auto accident settlements that can help you navigate the road ahead.

1. Always get checked out by a doctor.

Sure, you might feel okay after a car accident but you should always get checked out by a doctor, just in case. Don’t even think about taking a settlement until you know the full extent of your injuries because some problems might develop months later and you end up with ever-increasing medical bills. With the right testing and scans, doctors can detect these problems early and treat them before they start getting worse and you end up with ongoing pain and suffering. Make sure everything is documented carefully and use this information when negotiating a settlement offer.

If you refuse medical attention and develop problems weeks or months after a car accident, it can be hard to make the case that your new medical problems are related to the accident. Getting thoroughly checked out right after the accident is essential, and would be the advice of any worthy personal injury attorney.

2. Every settlement is different.

Every insurance company or injury attorney considers a lot of factors during the settlement process before deciding on the amount they’re going to offer for a settlement. If two people are injured in the same accident, the person with minor injuries will receive a much smaller one than the one who was majorly injured.

To give you a better idea, here are some of the things that insurance companies consider when deciding on an amount for a settlement or if they should settle at all: where the accident occurred, whether medical treatments were reasonable and necessary, if you will recover from your injuries, whether or not you will continue to need medical treatment, how much work you have missed or will miss in the future, the limits of your insurance policy, and your level of comparative fault.

3. Insurance companies don’t like to pay out.

Even if you’re not at fault and have sustained a serious injury, most insurance companies will offer you the lowest amount possible, even though you may be experiencing lots of pain and suffering. This is one reason why you should consider hiring a personal injury lawyer. They know the law and have experience with insurance companies so they may be able to get you more of what you deserve.

4. You don’t have to accept their first offer.

You already know that the insurance company is going to offer you a low amount initially so be prepared to counter with something closer to what you think you deserve. Chances are the insurance company is expecting a counter offer and will be open to some negotiation, although this is much easier to accomplish if you hire an attorney.

5. Get a copy of the accident report.

Get a copy of the accident report

The insurance company should provide you with a copy or you can contact the police to request one. Look over everything very carefully and make sure there aren’t any errors or glaring mistakes. Any inaccuracies can affect the outcome of your settlement. File a new accident report if you need to but be aware that the insurance company will have to verify it before a settlement is offered.

6. Be realistic about how much of your settlement money you’ll actually receive.

If you receive a large settlement, it’s certainly worth celebrating but it’s also important to keep in mind that all of that money isn’t going to go right into your bank account.

While you may not have any lawyer’s fees upfront, you might be in for a shock once your case is settled. Most personal injury lawyers will work on contingency, meaning that they don’t take any payment or charge fees until after you win your case or get a settlement. Usually, about 30 or 40% of your settlement funds will go to your lawyer and there are typically additional fees and other charges added.

Also, don’t assume money from a settlement is completely tax-free. While money awarded for medical expenses and physical injury is usually not taxed, anything awarded for lost wages and emotional distress is.

Finally, for very large settlements, the insurance company may not pay the whole amount at one time. Sometimes, they may make payments yearly or even every few years until the settlement is paid in full. If you’re unable to work as a result of the accident, plan accordingly. Budget well and make sure you can get through from one settlement payment to another.

7. Expect it to take a little time.

Don’t expect a fast resolution. It can take a long time to settle your claim. Remember, the insurance company is dealing with your claim on top of all of the other claims they have so it can be a long process. Smaller claims are usually paid out more quickly because they’re typically less complicated. If you have a serious injury and are asking for a significant amount of money, it’s possible that you could be waiting more than a few months for a settlement.

8. When you agree to a settlement, it’s final.

You will have plenty of opportunities to negotiate throughout the process but once you reach an agreement, you’ll be asked to sign a release form stating you agree to the amount of the settlement. After you sign this form, it’s legally binding and you can’t come back later and ask for more money. This is another reason why it’s good to have an attorney involved. Because of their years of experience, they will have a good idea of whether or not you’re getting as much as you deserve for your injuries.

Be Smart

The main thing to keep in mind is that the insurance company that’s deciding on your claim isn’t really on your side. If you aren’t at fault and have sustained an injury, get checked out by a doctor and contact a personal injury lawyer for help navigating the system.